Annotations № 2 / 2013
ROUND TABLE DISCUSSION «THE RUSSIAN STATE IN THEORETICAL AND HISTORICAL DIMENSION»
Perevalov V. D. (Yekaterinburg) The meaning of human life in the state-organized society
The author focuses on the philosophical and legal problems of determining the meaning of human life in terms of its state-organized life. The author describes four interrelated and interdependent components the meaning of life: knowledge and thinking, collaboration and creativity.
Key words: philosophy of law, theory of law, state-organized society, global problems of modernity, meaning of life
Syrykh V. M. (Moscow) Legal state as an ideal of the Russian statehood
The author analyzes the constitutional development of modern Russia in terms of consolidation and implementation of legal state concept. The pressure of positivist doctrine of understanding of law is shown, author's understanding of legal state and means of implementation of the principles of its construction in Russia is considered.
Key words: theory of state and law, statehood, state, constitutionalism, legal state
Rubanik V. E. (Moscow) Problems of comparative legal study of formation and evolution of the Russian statehood
The author considers the main characteristics of statehood in the historical and comparative legal terms. The impact of traditions, people’s mentality and social organization on the nature of the statehood is analyzed. The characteristic features of the Russian statehood are distinguished.
Key words: history of state and law, statehood, state, traditions of statehood, characteristic features of statehood
Lapteva L. E.(Moscow) From the history of relations between the State Duma and the tsarist government
The author shows the relationship between the State Duma and the tsarist government in context of relationships between executive and legislative branches. The processes of the formation of the government responsible to parliament in Russia at the beginning of XX century are described.
Key words: history of state and law of Russia, statehood, State Duma, government, separation of powers
Zipunnikova N. N. (Yekaterinburg) Management of education and science as a function of the Russian state (XVIII - beginning of XX century).
The author shows the formation and significance of management education and science in the history of Russia. Historical causality of the considered function of the Russian state, its characteristics and mechanisms of organizational and legal formation are analyzed.
Key words: history of state and law of Russia, statehood, functions of the state, management of education and science
THEORY OF LAW AND STATE
Kozubenko Yu. V. (Yekaterinburg) The genesis of anti-system through its sources and perspective of the mechanism of criminal legal regulation
In modern jurisprudence anti-system from category that is rarely used, even theoretically non-existent, is transformed into quite tangible. The article provides a brief description of its sources in the mechanism of criminal legal regulation and describes the stages of its development.
Key words: anti-system, ideologem, mechanism of criminal legal regulation, procedural «matryoshka», construction of omission, sanctioned custom, judicial precedent
INTERNATIONAL LAW
Tolstykh V. L. (Novosibirsk) Language and international law.
The author considers the relationship of language and international law, examines the problems associated with the use of lingua franca, the official and working language of international organizations, multilingualism, legal translation. The author comes to a conclusion on the need for public policies aimed to protect the language from external intervention.
Key words: language, international law, international courts, legal translation, multilingualism, lingua franca
Yahyaoui-Krivenko E. (Galway, Ireland) The processes of constitutionalization of international law: theories and reality.
The author analyzes the doctrinal disputes about processes constitutionalization of international law. The number of modes for classification of existing approaches to constitutionalization are suggested. The impact of examined conceptions for the future development of international law is assessed.
Key words: constitutionalization, international law, doctrine
Isupova M. V. (Yekaterinburg) Problem of the definition of international humanitarian law.
A brief description of doctrinal approaches to the concept of «international humanitarian law» is given; its delimitation from the adjacent areas of international law is presented.
Key words: international humanitarian law, branch of international law, system
COMPARATIVE JURISPRUDENCE
Givel D. (Paris) An essay on the evidence in the French civil law.
The article provides an overview of the application of evidence in civil cases in France. Some types of evidence are considered in historical perspective: the oath confession acts, electronic documents, copies of documents. Given the current practice an offer to preservation, modification or rejection of the application of the evidence under consideration are made.
Key words: evidence French civil law, oath, confession act, electronic document, copy of document
Huang Daoxiu (Beijing, China) Criminal liability for violations of corporate law under the Criminal Code of People's Republic of China.
The article describes regulations of the Criminal Code of People's Republic of China that stipulate the liability for violations of the procedure of company management. The assessment of features of subject composition and sanctions of corpus delicti of crimes against corporate law is given.
Key words: Criminal Code of People's Republic of China, economic crimes, corporate law
Guseynov T. I. (Baku, Azerbaijan) Actual issues of interaction of international and domestic law of the Republic of Azerbaijan.
The author considers the issues of implementation of international legal norms in the Republic of Azerbaijan through the prism of the new law of the Republic of Azerbaijan «About normative legal acts». This law is analyzed in terms of implementation of international legal norms in country’s legislation. The forms of implementation of international legal norms are determined, theoretical and practical aspects are examined. Cases of direct application of international legal norms are revealed, methods of resolving of potential problems are offered.
Key words: Republic of Azerbaijan, implementation, international treaty, normative legal acts, constitution
ELECTION LAW AND PROCESS
Viskulova V. V. (Blagoveshchensk) Guarantees of electoral rights of citizens in the light of the general methodological problem of legal guarantees.
The correlation of fundamental concepts of the theory of law and constitutional law: the legal and electoral rights of citizens guarantees is analyzed. Noting the large number of scientific interpretations of concerned categories, the author explores the general theoretical and sectoral approaches to the problem.
Key words: guarantees, legal guarantees, electoral right of citizens
CRIMINAL LAW AND PROCEDURE
Vasin D. M. (Yekaterinburg) Use of means of remedy in autonomous mode for justifiable defence.
The article is dedicated to the certain problem of justifiable defence institution – application of autonomous means of remedy. The positions of scientists on indicated issues are considered. The experience of the USA in the regulation of mentioned means is analyzed. Conditions of admissibility of autonomous means of remedy are offered.
Key words: justifiable defence, autonomous means of remedy, circumstances that are precluding criminality, common law of the USA, statute law of the USA, Model Penal Code of the USA, proportionality of infringement and defence
Markuncov S. A. (Moscow) About the relation of concepts «penal prohibition» and «prohibitive penal norms».
The approaches to detection of the prohibitive penal norm structure are examined. The author grounds the conclusion that the concept of a three-element construction of logical norm of law doesn’t apply to the normative legal order of the Special Part of the Criminal Code of Russia.
Key words: prohibitive penal norm, normative legal order, penal prohibition
Puchkov D. V. (Yekaterinburg) The problems of determination of large-scale damage in the investigation of crimes in the intellectual property sphere on the example of Art. 146 and 147 of the Criminal Code of Russia.
Analysis of application of appraisal category «large damage» is given. The author notes that the determination of large-scale damage in the classification of crimes in the intellectual property sphere is left to the discretion of the court, and therefore the constitutional right of citizens to equality of all before the law is violated (Art. 19 of the Constitution of Russia). The author comes to the conclusion that the note to Art. 146 of the Criminal Code of Russia has to be changed.
Key words: large-scale damage, intellectual property, criteria for determination of extent of damage, rightholder, profit
Mihal’ O. A. (Omsk) About some problems of classification of crimes.
In the article the methodological principles of the classification of crimes are considered. The limits of crimes categories are offered.
Key words: classification of crimes, crimes categories and its limits
Baharev D. V. (Surgut) Capabilities of territorial approach within the framework of implementation of the criminological expertise of the Eurasian transport system.
In the article the variant of the territorial approach in implementation of the criminological expertise of the Eurasian transport system is presented. The scheme of influence of the type of ETS on crime rates is suggested.
Key words: criminological expertise, Eurasian transport system, territorial differences of criminality, territorial systems, statistical and criminological rates, the profile of the transport network
CIVIL LAW AND PROCEDURE
Ponomarenko V. A. (Moscow) On the issue of modernization of judicial and arbitration procedural form in light of changes of the Arbitration Procedural Code of Russia and the conception of «e-justice».
On the basis of the analysis of the different viewpoints and foreign experience the term «e-justice» is formulated in the context of which procedural institutions included in the Arbitration Procedural Code of Russia by federal laws from 27 July, 2010 № 228-FZ and 25 July, 2012 № 86-FZ are analyzed. The direction of further modernization of the judicial and arbitration procedural form is revealed.
Key words: modernization, information society, e-justice, judicial procedural form
ECONOMICS AND LAW
Osincev D. V. (Yekaterinburg) On the issue of irrational forms of property (economic and legal study).
In the article the historical change of approach in the legal comprehension of property relations is examined, clarification of the juridical construction «form of property» is proposed, dependence of legal regulation subject of property relations from the dominant mode of production in a certain historical period of time and the character of economic interaction of various social groups is revealed.
Key words: forms of property, government services, productive forces and production relations, , juridical structures
Kurochkin S. A. (Yekaterinburg) Economic analysis of law as a perspective method of exploration of solutions for the topical problems of jurisprudence (on the example of civil justice).
On the example of the modern civil justice, in article the prospects of application of economic analysis of law in the Russian Federation as a method of study of legal phenomena are showed. The essence of the economic analysis of law is summarized, its types and also the role in investigation of civil procedure are described. The suggestions on improvement of the efficiency of the Russian system of civil justice are made by the author.
Key words: economic analysis of law, civil justice, civil procedure, efficiency, system
Tikhonov A. N. (Yekaterinburg) The prerequisites of legal relations appearance associated with redemption of land for state and municipal public needs: general positions.
The elements of set of facts that determines the appearance, change and termination of legal relations which are associated with redemption of land for state and municipal public needs are examined. Its general characteristic is given.
Key words: set of facts, juridical facts, set of facts elements, alienation of land
PAGES OF HISTORY
Sokolova E. S. (Yekaterinburg) The impact of mnemonic elements (memoria) of classical rhetoric on the formation of the ancient variant of geographical doctrines is examined. The prerequisites of appearance of the tendency to europocentrism in sense of justice of Greco-Roman intellectuals of the civil wars period and the early principate are analyzed in the context of political and legal conception of eternal Rome (Roma aeterna).
Key words: antiquity, images of memory, rhetorical canon, political and legal tradition, sense of justice, geographical doctrine, europocentrism
STUDENT’S BULLETIN
Burdinskiy I. G. (Khabarovsk) Executive immunity of a citizen-debtor.
The legal analysis of the Constitutional Court’s of Russia order on the case about examination the constitutionality of provisions of the second paragraph, first part of Art. 446 of the Code of Civil Procedure of Russia is given. The author carefully examined the recommendations of the Constitutional Court of Russia which should be taken into account by legislator, and proposed his own solution of the formulated issues.
Key words: The Constitutional Court of Russia, civil procedure, executive immunity, home accommodation, family members of a citizen-debtor family
MUSEUM OF SJI-USLA HISTORY
Documents and comments to them (prepared by N. N. Zipunnikova, Yekaterinburg)